Q: I got injured, my lawyer just sued, and my wife wants nothing to do with it- can defendants force her into a deposition?

A: In California, defendants can indeed issue a subpoena to compel testimony from witnesses, including a spouse, even if they were not present at the accident scene. The rationale is that a spouse might provide relevant information about the plaintiff's condition post-accident, especially in cases where the impact on the plaintiff’s life and well-being is a key factor. Therefore, it is within the realm of possibility for your wife to be subpoenaed for a deposition to discuss the extent of your injuries and how they have affected your life.

However, being compelled to testify does not mean there are no protections or considerations for your wife's specific circumstances, such as her anxiety or religious beliefs. If she is subpoenaed, it would be crucial for your lawyer to communicate her health condition and personal beliefs to the court. The court may make accommodations for her anxiety or consider other factors that could impact her ability to testify.

Regarding a religious exemption to a subpoena, there is generally no broad exemption that would allow someone to refuse a subpoena on religious grounds. The legal system does try to accommodate individuals' beliefs and health conditions to a reasonable extent, but it also balances this with the need to gather pertinent information for the case. If your wife is subpoenaed and has concerns, it would be important for her (through legal representation) to communicate these concerns to the court, which will consider them in light of the case's requirements.

A: Yes they can force her to a deposition.

Your lawyer can file for a protective order attempting to prevent or limit the deposition, if there is good cause.

A: THE DEFENSE SHOULD BE ABLE TO SET HER DEPO, EVEN THOUGH SHE DOESN'T WANT TO DO SO.

YOU CAN TRY TO MOVE FOR A PROTECTIVE ORDER, BUT I THINK HER TESTIMONY WOULD BE RELEVANT.

THE DEFENSE WOULD WANT TO KNOW ABOUT YOUR HEALTH BEFORE AND AFTER THE ACCIDENT.

CHANCES ARE YOUR LAWYER IS DEMANDING LOSS OF EARNINGS OF SOME KIND TOO.

IN 50 YEARS OF PRACTICE, I HAVE NEVER HEARD OF A SPOUSE NOT WANTING TO TESTIFY OTHER THAN NOT WANTING TO SUE SOMEONE. IN THOSE CASES, I EXPLAIN YOU ARE MAKING A CLAIM AGAINST AN INSURANCE POLICY AND NOT LOOKING TO BK THE DEFENDANT.

A: You wife, religious or not, has to obey court orders, such as subpoenas for her deposition or trial testimony. "Render unto Caesar that things that are Caesar's". Her subpoenaed testimony belongs to Caesar. Subpoenaing a spouse is normal and there is no such thing as a religous exemption to testifying truthfully in a personal injury matter.

It is completely unclear what the religious principal is. The Bible does not forbid or discourage personal injury lawsuits or lawsuits for money. The Old Testament establishes principles of restitution. For example, Exodus 21:28-36 outlines compensation for injury caused by an ox. This can be seen as an early form of holding someone accountable for their negligence. Proverbs 31:8-9 and Exodus 23:6 speak out for defending the rights of the vulnerable and ensuring justice prevails. This could apply to situations where someone is financially responsible for another's injury.

In 1 Corinthians 6:1-8, Paul discourages believers from suing each other in secular courts. He emphasizes resolving issues within the church community. This might suggest seeking forgiveness and restoration before resorting to lawsuits. If the Defendant is not part of your church community, resolving the issue within the church is not a possibility, so the secular court is the only place for secular justice.